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Homehouse

  • 09-11-2024 2:45pm
    #1
    Registered Users, Registered Users 2 Posts: 33


    Hi My mum passed away last year and she had not a will in place, my dad and herself are seperated some 20 years he bought another house for himself, the homehouse was my mother's passed down from her grandad, I just wandering is house now completely my dad's as they weren't divorced, he not most reasonable person and while I'm not in home my brother and sister are, my dad moved in and threatens throw them out every week if they don't meet his every demand, with current housing crisis not easy for them just pack and go, has he right to throw them out if he so wishes, sorry thing is my mother never wanted him near house but fell ill suddenly and passed so never got round to doing paper work

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Answers

  • Registered Users, Registered Users 2 Posts: 10,716 ✭✭✭✭Marcusm


    No, he does not own the house and he has no right to eject anyone. As your mother died intestate, someone will have to administer her estate. A surviving spouse ranks above a child in the order of grant of administration but your father might not want that.


    Who actually inherits is set out in the Succession Act and IIRC, a surviving spouse is entitled to 50% where there are children and the children are entitled to the remaining 50%. Although not divorced, did your parents have a separation agreement (court sanctioned or otherwise). For example, did he pay maintenance under an agreement. If yes and there was a solicitor involved (as opposed to a man informal agreement between them) then it is likely that he would have been requested or forced to give up his succession rights in which case you and your siblings would inherit everything.

    My parents had an acrimonious separation and inheritance rights were abandoned mutually. If you can find that out first, you may be in stronger grounds.



  • Registered Users, Registered Users 2 Posts: 49 mrsgiller


    if they are still legally married and she died intestate he is entitled to 2/3 of her estate and the remains 1/3 is shared between her children.



  • Registered Users, Registered Users 2 Posts: 641 ✭✭✭AnRothar


    the homehouse was my mother's passed down from her grandad

    bear in mind whose name the house is in.

    Your mother may not in fact be the"legal" owner.



  • Registered Users, Registered Users 2 Posts: 2,909 ✭✭✭endofrainbow


    This. Was the house actually transferred into her name?



  • Registered Users, Registered Users 2 Posts: 33 Darmac84


    There was no seperation or divorce nothing on paper my mother never attended solicitor, he left money an odd timebut nothing stable , he wasnt addressed to homehouse after left



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  • Registered Users, Registered Users 2 Posts: 33 Darmac84


    Her name was on deeds of house that all I know, she always insisted was her house,



  • Registered Users, Registered Users 2 Posts: 92 ✭✭Dumb Juan


    Hi,

    This weblink might be of interest to you but my twopence worth is you & your siblings should get a solicitor quickly. As you maybe in a stronger position than you know and there could be other remedies open to you, if there was a history of violence from your dad to your Mum, you & your siblings.

    https://www.citizensinformation.ie/en/death/the-deceaseds-estate/what-happens-the-deceaseds-estate/#222b52



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